By McClendon H.B. No. 3601
76R6264 CMR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prohibition of employment discrimination affecting
1-3 certain former offenders.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle A, Title 2, Labor Code, is amended by
1-6 adding Chapter 24 to read as follows:
1-7 CHAPTER 24. EMPLOYMENT DISCRIMINATION BASED ON
1-8 STATUS AS FORMER OFFENDER
1-9 SUBCHAPTER A. GENERAL PROVISIONS
1-10 Sec. 24.001. DEFINITIONS. In this chapter:
1-11 (1) "Commission" means the Commission on Human Rights.
1-12 (2) "Covered entity" includes an employer, an
1-13 employment agency, a labor organization, a joint labor management
1-14 committee, or another person.
1-15 (3) "Employer" has the meaning assigned by Section
1-16 21.002.
1-17 (4) "Employment agency" has the meaning assigned by
1-18 Section 21.002.
1-19 (5) "Former offender" means a person who:
1-20 (A) was formerly sentenced to the institutional
1-21 division or the state jail division of the Texas Department of
1-22 Criminal Justice; and
1-23 (B) has fully discharged the person's sentence,
1-24 including any period of parole or mandatory supervision.
2-1 (6) "Labor organization" has the meaning assigned by
2-2 Section 21.002.
2-3 Sec. 24.002. RULES. The commission may adopt rules as
2-4 necessary to implement this chapter.
2-5 Sec. 24.003. NOTICES. Each covered entity shall post, in
2-6 the form and manner prescribed by commission rule, notices to
2-7 inform employees, applicants for employment, and members of the
2-8 entity of the applicable provisions of this chapter.
2-9 Sec. 24.004. EFFECT ON OTHER LAW. (a) This chapter does
2-10 not limit or affect the rights, remedies, or procedures available
2-11 to an individual who claims discrimination prohibited under federal
2-12 law, another state law, or an order or ordinance of a political
2-13 subdivision of this state.
2-14 (b) This chapter does not limit or affect a requirement
2-15 adopted under:
2-16 (1) Article 6252-13c, Revised Statutes; or
2-17 (2) Sections 2-5, Chapter 267, Acts of the 67th
2-18 Legislature, Regular Session, 1981 (Article 6252-13d, Vernon's
2-19 Texas Civil Statutes).
2-20 (Sections 24.005-24.020 reserved for expansion)
2-21 SUBCHAPTER B. UNLAWFUL EMPLOYMENT PRACTICES
2-22 Sec. 24.021. DISCRIMINATION PROHIBITED. A covered entity
2-23 may not:
2-24 (1) subject an individual to different standards or
2-25 treatment on the basis of the individual's status as a former
2-26 offender; or
2-27 (2) otherwise discriminate against an individual on
3-1 the basis of the individual's status as a former offender.
3-2 Sec. 24.022. RETALIATION AND COERCION PROHIBITED. (a) A
3-3 covered entity may not discriminate against an individual because
3-4 the individual:
3-5 (1) opposes any act or practice prohibited by this
3-6 chapter;
3-7 (2) makes or files a charge; or
3-8 (3) assists, testifies, or participates in any manner
3-9 in an investigation, proceeding, or hearing conducted under this
3-10 chapter.
3-11 (b) A covered entity may not coerce, intimidate, threaten,
3-12 or interfere with an individual in the exercise or enjoyment of, or
3-13 because the individual has exercised, enjoyed, assisted, or
3-14 encouraged the exercise or enjoyment of, a right granted or
3-15 protected by this chapter.
3-16 (Sections 24.023-24.040 reserved for expansion)
3-17 SUBCHAPTER C. ENFORCEMENT
3-18 Sec. 24.041. COMMISSION AUTHORITY; ENFORCEMENT; PROCEDURES.
3-19 (a) The commission has the same authority to administer and
3-20 enforce this chapter as it exercises under Chapter 21.
3-21 (b) The procedures and remedies applicable to a claim for a
3-22 violation of this chapter are the procedures and remedies
3-23 applicable to a claim brought under Chapter 21.
3-24 Sec. 24.042. ATTORNEY'S FEES. A prevailing party to an
3-25 action brought under this chapter is entitled to attorney's fees in
3-26 the manner provided by Section 21.259.
3-27 SECTION 2. This Act takes effect September 1, 1999, and
4-1 applies to conduct of a covered entity, as that term is defined by
4-2 Chapter 24, Labor Code, as added by this Act, occurring on or after
4-3 that date. Conduct occurring before that date is governed by the
4-4 law in effect on the date that the conduct occurred, and the former
4-5 law is continued in effect for that purpose.
4-6 SECTION 3. The importance of this legislation and the
4-7 crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended.